A payment judgment for earlier rent arrears exists. Enforceability is already meant to have been professionally clarified. Nevertheless, no money has been received and you are not aware of any concrete realisable assets. Now a different decision is required than in the reminder procedure: which permissible enforcement measure should be pursued with the existing title?
Compile the current enforcement status
Gather the judgment, any existing clause and service documents and the comprehensible remaining claim balance. § 750 ZPO contains, among other things, requirements regarding personal reference and service in enforcement from a judgment. [Z750] A part-payment made today or an enforcement obstacle that has become known in the meantime therefore belongs in the review before an older unchanged amount is passed on.
This article presupposes the appropriate examination. It neither explains a mere payment order (Mahnbescheid) as a payment title nor does it bypass the limits of insolvency proceedings. The separate surrender of a dwelling is also not the subject of this monetary enforcement.
Consciously choose the desired measure
§ 802a ZPO names the statement of assets (Vermögensauskunft) as a possible measure by the bailiff and requires the designation of the measures in the order. § 802c regulates the debtor’s disclosure at the request of the bailiff for the purpose of enforcing a monetary claim. [Z802A, Z802C]
As your own preparation, therefore describe the actual state of information: which assets are already documented, which details only come from old messages and what is unknown? Have it assessed whether the disclosure is sensible for the concrete further course and what costs must be expected. A private request for a complete list of assets is not the same bailiff procedure.
Take a previous disclosure into account
Pursuant to § 802d there is generally no renewed duty to disclose within two years, provided no facts are credibly demonstrated that indicate a material change. If there is no renewed duty, the last inventory is transmitted to the creditor. [Z802D]
In the hypothetical case a landlord wants to demand a new disclosure immediately because of a new payment title. When compiling the files he learns of a statement of assets already given a few months earlier. He therefore has the significance of the existing inventory examined. A suspected new employment he records only as unconfirmed information, rather than describing it as a proven material change.
Plan the regulated procedure
§ 802f requires, before taking the disclosure, a demand for payment by the bailiff, a gap of at least two weeks and a claim that is not fully settled. The provision then regulates the appointment, the instructions and the transmission of the inventory. [Z802F] Your own old reminder letter must therefore not simply be treated as an already completed bailiff procedural step.
This article does not fill out an order and does not set a concrete appointment. Clarify the actual prerequisites and the intended procedure with the responsible specialised processing unit.
Use the received data for the correct purpose
For the transmitted inventory § 802d prescribes processing only for enforcement purposes and deletion after the purpose has been achieved; § 802f refers to this. [Z802D, Z802F] Do not therefore use this information as a general tenant reference for other landlords.
The inventory is also not yet a payment received. The next decision concerns a concretely possible and permissible further measure. Record the result and limitations with the supervising office, instead of already booking the mere information gain as a successful collection.